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@wastingtimewithforums: That's interesting to know; if I do go for a SurfaceRT to replace our ageing EeePC Touch, I'll need to go with the largest capacity I can.

Given that this is an argument about the degree of space taken up (not that fact that some space is taken up, because other tablets do take up some space), doesn't that make it a trickier argument in law? It's not that WInRT takes up space, it's that they take up more space than comparable tablets, so the amount of space that would be acceptable is subjective?

I don't see this guy's legal claim going very far to be honest, but it's probably useful to have it highlight the issue of spare capacity so people will start paying more attention to it.